§ 8B-4. Construction board of appeals.

(a)

General . In order to hear and decide appeals of orders, decisions, or determinations made by the building official or fire chief relative to the application and interpretation of the International Building Code, International Residential Code, International Plumbing Code, International Mechanical Code, International Energy Conservation Code, International Fuel Gas Code, National Electrical Code, or International Fire Code, there shall be and is hereby created a construction board of appeals. The construction board of appeals shall be appointed by the governing body and shall hold office at its pleasure. The board shall adopt rules of procedure for conducting its business.

(b)

Limitations on authority . An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or an equally good or better form of construction is proposed. The board shall have no authority to waive requirements of this code, but may only vary requirements to allow an alternate method or material when the alternate method or material would be as good as or better than the requirements of the code.

(c)

Appointment . There shall be established the construction board of appeals consisting of seven (7) members as follows: one (1) interested citizen, one (1) master electrician or electrical contractor, one (1) master plumber or plumbing contractor, one (1) class "A" licensed mechanical (HVAC) contractor or mechanical engineer, one (1) home builder, one (1) representative from the fire protection industry, and one (1) licensed architect or engineer. The board shall be appointed by the city council. The building official and the fire chief are ex officio members of the board.

(1)

Term of office . Initially, four of the seven members of the construction board of appeals shall be appointed to serve for two (2) years; and three of the members shall be appointed to serve one (1) year. Thereafter, each member shall serve for a term of two (2) years which shall expire upon the date of the first city council meeting in November of the year of expiration; however, if an appointment is not made by the city council meeting in November of the year of expiration, the member shall continue in office until reappointed or a successor has been appointed by the city council. Vacancies shall be filled for an unexpired term in the manner in which original appointments are made. Continued absence of any member from regular meetings of the board may, at the discretion of the city council, render the member subject to immediate removal from office.

(2)

Conflict of interest . No board member shall act in a case in which he or she has a conflict of interest.

(d)

Quorum . Four members of the board constitute a quorum. In varying the application of any provision of the International Building Code, International Residential Code, International Plumbing Code, International Mechanical Code, International Energy Conservation Code, International Fuel Gas Code, National Electrical Code, or International Fire Code, or in modifying an order of a building official or the fire chief, affirmative votes of the majority present, but not less than four (4) affirmative votes are required.

(e)

Records . The building official shall act as secretary of the construction board of appeals and shall make a detailed record of all its proceedings, which set forth the reasons for its decisions, the vote of each member participating including abstentions, and the absence of a member.

(f)

Procedure . The board may establish rules and regulations for its own procedure not inconsistent with the provisions of the International Building Code, International Residential Code, International Plumbing Code, International Mechanical Code, International Energy Conservation Code, International Fuel Gas Code, National Electrical Code, or International Fire Code. The board may meet at regular intervals, to be determined by the chairperson, and shall meet within thirty (30) days after any notice of appeal has been received by the building official.

(g)

Appeals—Time limit . When the building official or fire chief rejects or refuses to approve the method of construction proposed to be followed in the erection or alteration of a building or structure, or when the owner of the building or structure claims that the provisions of this code do not apply, or that the true intent and meaning of a code, or any of its regulations have been misconstrued or wrongly interpreted, the owner of the building or structure, or his or her agent, may appeal the decision of the building official or fire chief to the construction board of appeals. The person appealing a decision of the building official or fire chief shall file the appeal in writing on a form provided by the building official and submit it with a fee, in accordance with this section, to the inspections department within thirty (30) days after the decision is rendered by the building official or fire chief.

(h)

Decisions of the construction board of appeals . The construction board of appeals, when on appeal to and after a hearing, may vary the application of any provision of a code when, in its opinion, enforcement would be unjust, and would be contrary to the spirit and purpose of a code, or public interest, or when, in its opinion the interpretation of the building official or fire chief should be modified or reversed. A decision of the construction board of appeals to vary the application of a provision of the International Building Code, International Residential Code, International Plumbing Code, International Mechanical Code, International Energy Conservation Code, International Fuel Gas Code, National Electrical Code, or International Fire Code, or to modify an order of the building official or fire chief shall specify in what manner such variation or modification is made, the conditions upon which it is made, and the reasons for it.

(i)

Decisions . Each decision of the construction board of appeals is final, subject, however, to such remedy as any aggrieved party might have at law or in equity. Each decision shall be in writing and indicates the vote upon the decision. Each decision shall be promptly filed in the office of the building official, and shall be open to public inspections; the building official may send a certified copy by mail or otherwise to the appellant and keep a copy publicly posted in his or her office for two weeks after filing it. The construction board of appeals will, in each case, reach a decision without unreasonable or unnecessary delay. If a decision of the construction board of appeals reverses or modifies a refusal, order, or disallowance of the building official or fire chief, or varies the application of a provision of an applicable code, the building official or fire chief will immediately take action in accordance with the decision. If a decision of the construction board of appeals reverses or modifies a refusal, order, or disallowance of the building official or fire chief, or varies the application of a provision of an applicable code, the building official or fire chief will immediately take action in accordance with the decision.

(Ord. No. 2015-9746, § 2, 12-10-15)